State Patrol to launch criminal probe of SPD officer who kicked suspect

At the request of Seattle Police Chief John Diaz, the State Patrol agreed Tuesday to conduct a criminal investigation into a Seattle officer's videotaped kicking of a 17-year-old boy during an arrest at a convenience store in October.

An internal investigation into the conduct of the veteran officer, identified by sources as James J. Lee, 42, will be put on hold while the criminal investigation is conducted, Seattle police said.

The request for an outside criminal investigation of an officer's conduct is rare. While it is aimed at avoiding a conflict of interest, the Seattle Police Officers' Guild has historically opposed such a move on the grounds that the department is best qualified to conduct a criminal investigation.

Rich O'Neill, president of the police guild, said Tuesday he was "deeply disappointed" in the chief's action and that the guild would be filing an unfair labor-practice complaint because the investigation will take work from Seattle officers.

The kicking incident was among several cited last week by the American Civil Liberties Union of Washington and 34 community and civil-rights organizations in a request to the U.S. Justice Department to investigate whether Seattle police have engaged in a pattern of violating the civil rights of suspects, particularly minorities.

The 17-year-old kicked by Lee is African American. Lee is Asian Pacific Islander, according to the city's database.

The State Patrol investigation will focus on the Oct. 18 incident, when Seattle police were conducting a narcotics buy-bust operation in downtown Seattle.

An undercover officer attempting to buy drugs was taken to a parking lot, where, according to police, he was surrounded by four people, including the 17-year-old boy. One man in the group demanded money and punched the officer. The undercover officer and a second officer were injured and treated at Harborview Medical Center.

The 17-year-old fled the parking lot, police said. Lee followed him into the convenience store, where his kicks were captured on the store surveillance camera.

In the video, the teen can be seen with his hands in the air as Lee approaches. Lee then kicks at the teen's groin area, although it is unclear if he strikes the youth.

After the teen falls to the floor, Lee kicks him in the torso and then the head before another officer pushes him away and handcuffs the teen.

The teen, who is not being named by The Seattle Times because he is a juvenile, was charged with first-degree attempted robbery.

Lee, who joined the Police Department in 1999, has been placed on administrative assignment to home.

The State Patrol said witnesses to the incident can call a tip line at 360-658-2599.

O'Neill said the State Patrol is "not known for their expertise in these matters, that's widely known."

He said Diaz could have asked the State Patrol to shadow Seattle police investigators, who have "a great deal of expertise in the matter."

Robert Calkins, a State Patrol spokesman, said Tuesday that the agency's criminal division has considerable experience conducting investigations into the use of force by law-enforcement officers.

In 2006, Seattle police handed over a criminal investigation to Kent police that involved a Seattle officer's off-duty shooting and wounding of a man during a melee in a Pike Place Market alley. That decision was criticized by the police guild. No charges were brought against the officer or others investigated.

Information from Seattle Times archives is included in this story.

Steve Miletich: 206-464-3302 or smiletich@sesattletimes.com